Daniel Penny, a 26-year-old Marine veteran and architecture student, is facing manslaughter charges for the death of Jordan Neely during a subway altercation. As closing arguments concluded in his trial, a detail about the prosecutor, Dafna Yoran, has emerged, raising questions about her approach to criminal justice. Yoran, who is urging jurors to convict Penny, previously advocated for a reduced sentence for a man who killed an 87-year-old in a 2018 mugging.

In that case, Matthew Lee fatally punched Young Kun Kim, a former Lehman College professor, during a robbery at a Manhattan ATM. Security footage captured the attack, although the fatal blow itself occurred off-camera. Kim, who survived both the Japanese occupation of Korea and the Korean War, later succumbed to his injuries. Lee was apprehended shortly after.

At the time, Yoran, citing a new restorative justice initiative, facilitated a meeting between Kim's family and Lee. This led to Lee pleading guilty to manslaughter instead of felony murder, significantly reducing his potential sentence. He received a 10-year term and is eligible for parole in 2026.

This prior case has drawn criticism from some who argue that Yoran's approach in the Penny trial is inconsistent with her past actions. Defense attorney Louis Gelormino, who believes the charges against Penny are unwarranted, characterized Yoran’s earlier decision as part of a broader “soft-on-crime” trend in major cities.

During her closing arguments in the Penny trial, Yoran emphasized Penny's sole responsibility for Neely's death, dismissing the defense's arguments about systemic failures and police response. The jury has begun deliberations, and Penny faces a maximum sentence of 15 years if convicted of manslaughter.

The juxtaposition of Yoran’s stance in these two cases has fueled debate about the complexities of the justice system and the application of restorative justice principles.